State Laws, Agency Policies, Or Regulations Related To .

State Laws, Agency Policies, or RegulationsRelated to LGBTQ Youth in the Child Welfare SystemNo updates required since May 10, 2021Alabama State has no explicit protection against discrimination on the bases of sexual orientation orgender identity for youth in the child welfare system. State permits state-licensed child welfare agencies to refuse to place and provide services tochildren and families, including LGBTQ people and same-sex couples, if doing so conflicts withtheir religious beliefs. See HB 24 (2017).Alaska State agency explicitly interprets existing protections against discrimination in public servicesbased on sex to include both sexual orientation and gender identity. See Alaska StateCommission for Human Rights (2020), including agency social media posts. See also Alaska DHSSDiscrimination Complaint Form, enumerating sexual orientation and gender identity orexpression.Arizona State has no explicit protection against discrimination on the bases of sexual orientation orgender identity for youth in the child welfare system. State agency policy provides that youth should receive services and resources related to theirsexual orientation and gender identity, but does not prohibit discrimination. See Policy andProcedures Manual Chapter 5, Section 35: Independent Living Services & Supports.Arkansas State has no explicit protection against discrimination on the bases of sexual orientation orgender identity for youth in the child welfare system.California State law prohibits discrimination based on sexual orientation and gender identity in theprovision of state programs and activities; SB 1441 (2006; effective 2007). State law prohibits discrimination against youth in the child welfare system on the bases ofsexual orientation and gender identity. See AB 458 (2003; effective 2004), Cal. WIC 16001.9, andCal. Code Regs. tit. 22, §83072. State law requires LGBTQ-inclusive cultural competency training for foster agencies and staff.See AB 458 (2003) and Cal. Code Regs. tit. 22, § 88022. State law requires that transgender youth in out-of-home care be placed according to theirgender identity. See SB 731 (2015), and Cal. WIC 16001.9.19

Colorado State law includes protections against discrimination for youth in the child welfare system onthe bases of sexual orientation and gender identity (enumerated separately). See SB 11-120(2011) and CRS 19-7-101. State’s nondiscrimination law applies to state (via definition of person), including child welfareagency and government services (via definition of public accommodations, including “any placeoffering services to the public”). State’s nondiscrimination law enumerates SO, defined toinclude GI (2008). State law prohibits gender identity discrimination in housing, which may apply to placement inthe child welfare system. See 3 Colo. Code Regs. § 708-1:81.9.Connecticut State agency policy prohibits discrimination in adoption, foster care, and for youth in the childwelfare system on the bases of sexual orientation and gender identity. See DCF’sNondiscrimination Statement, first issued as Policy 30-9, May 2004. State agency policy requires that transgender youth in out-of-home care be placed according totheir gender identity. See DCF’s “Working with Transgender Youth and Caregivers PracticeGuide” as of Dec 2018, and as early as Dec 2014 (p5). Note: LGBTQ-inclusive cultural competency training is available but not required. State’s nondiscrimination law enumerates sexual orientation (1991) and gender identity (2011)Delaware State agency policy prohibits discrimination against all individuals (adults and youth) based onsexual orientation and gender identity. See DSCYF’s Policy #217 (April 2019, and as early as Nov2012 as Policy CS-008). State’s nondiscrimination law explicitly includes state, local, and tax-funded agencies performingpublic functions (via definition of public accommodations). State’s nondiscrimination lawenumerates sexual orientation (2009) and gender identity (2013).District of Columbia State agency policy prohibits discrimination in adoption, foster care, and for youth in the childwelfare system on the bases of sexual orientation and gender identity. See CFSA’s Statement ofNondiscrimination (2011) and Gender Identity and Expression Policy (2017) State’s nondiscrimination law explicitly includes/applies to the state, state licenses, benefits,and more (§ 2–1402.67). State’s nondiscrimination law enumerates sexual orientation (1977)and gender identity (2006).

Florida State regulation includes protections against discrimination for youth in the child welfare systemon the bases of sexual orientation and gender identity. See FAC 65C-14.021 (2016) and FAC 65C14.040 (2016). State regulation includes a protocol for determining whether transgender youth in out-of-homecare should be placed according to their gender identity. See FAC 65C-14.040 (2016). State regulation requires LGBTQ-inclusive cultural competency training for staff working directlywith children. See FAC 65C-14.023 (2016).Georgia State has no explicit protection against discrimination on the bases of sexual orientation orgender identity for youth in the child welfare system.Hawai i State law and policy prohibit discrimination against all individuals (adults and youth) in the childwelfare system on the bases of sexual orientation and gender identity. See DHS’s DiscriminationComplaints Policy (2014) and Rights of Children in Foster Care (2018; from SB 2790 (2018)).Idaho State has policy-based protections against discrimination on the bases of sexual orientation,gender identity, and gender expression. See Idaho Youth in Care Bill of Rights (2015).Illinois State agency policy prohibits discrimination against all DCFS service recipients on the bases ofsexual orientation and gender identity. See DCFS’s Affirmative Action Statement (at least asearly as Feb 2017). State has policy-based protections against discrimination against youth in the child welfaresystem on the bases of sexual orientation and gender identity. See Illinois Foster Child andYouth Bill of Rights (2016) State policy provides transgender youth with the right to be placed according to their genderidentity. See Illinois Foster Child and Youth Bill of Rights (2016). State policy requires LGBTQ-inclusive cultural competency training. See Illinois Foster Child andYouth Bill of Rights (2016) State nondiscrimination law applies to public officials (775 ILCS 5-102). State’s nondiscriminationlaw enumerates sexual orientation, defined to include gender identity (2005, effective 2006)Indiana State agency policy prohibits discrimination against individuals based on sexual orientation. SeeIndiana Department of Child Services Code of Conduct (2020; SO included as early as May 2010). State agency policy prohibits discrimination against youth in the child welfare system on thebases of sexual orientation and gender identity. See Indiana Bill of Rights for Youth in FosterCare (2013).

Iowa State agency policy prohibits discrimination against all DHS clients and applicants on the basesof sexual orientation and gender identity. See Iowa Department of Human Services NonDiscrimination Policy (as early as June 2012).State’s nondiscrimination law explicitly includes/applies to state and local government and “taxsupported districts” (VI §216.2, via definition of public accommodations). State’snondiscrimination law enumerates sexual orientation and gender identity (2007).Kansas State has no explicit protection against discrimination on the bases of sexual orientation orgender identity for youth in the child welfare system. State permits state-licensed child welfare agencies to refuse to place and provide services tochildren and families, including LGBTQ people and same-sex couples, if doing so conflicts withtheir religious beliefs. See SB 284 (2018).Kentucky State regulation prohibits discrimination against all individuals (adults and youth) on the basesof sexual orientation and gender identity in all government services. See Executive Order 2020554 (June 2020).Louisiana State regulation includes protections against discrimination for youth in the child welfare systemon the basis of sexual orientation only. See LAC 67-V §7311(E)(5) (2011) and LAC 67-V§7115(A)(5) (2011).Maine State agency policy prohibits discrimination in its programs and services on the basis of sexualorientation (defined in state law to include gender identity). See Maine DHHS NondiscriminationNotice (June 2017) and §4553 (2005) State agency policy prohibits discrimination against youth in the child welfare system on thebases of sexual orientation, gender identity, and gender expression. See The Maine Youth inCare Bill of Rights (2008, revised 2016). State’s nondiscrimination law explicitly includes/applies to state and local governments,agencies, and departments (5 § 4553.8, via definition of public accommodations). State’snondiscrimination law enumerates sexual orientation, defined to include gender identity (2005).

Maryland State nondiscrimination law explicitly applies to government units, officers, and employees(§20-901), including in public accommodations (§20-304). State’s nondiscrimination lawenumerates sexual orientation (2001) and gender identity (2014). State regulation includes protections against discrimination for youth in the child welfare systemon the basis of sexual orientation only. See Md. Code Regs. 10.57.05.03(C). State policy requires LGBTQ-inclusive cultural competency training. See Policy SSA-CW #17-08(2016), updated 2018. Placement of transgender youth will be made on a case-by-case basis with input from thetransgender child, and “shall not be based on the youth’s sex assigned at birth.” See Policy SSACW #17-08 (2016), updated 2018.Massachusetts State agency policy prohibits discrimination against all individuals (adults and youth) on thebases of sexual orientation and gender identity. See DCF’s LGBTQ – A Guide for Working WithYouth and Families, pC-12, as early as Spring 2015. See also Massachusetts Foster Child Bill ofRights (2009). State agency policy includes guidance for placing transgender youth according to genderidentity. See DCF’s LGBTQ – A Guide for Working With Youth and Families, pD-16, as early asSpring 2015. State regulation protects against discrimination for all applicants/recipients (adults and youth)of Department services on the basis of sexual orientation only. See 110 CMR 1.09 (2000). Executive Order 526 (Feb 2011) required that “all programs, activities, and services provided,performed, licensed, chartered, funded, regulated, or contracted for by the state shall beconducted without unlawful discrimination” based on sexual orientation and gender identity. State nondiscrimination law applies to the state and state services (via definition of publicaccommodations). State nondiscrimination law enumerates sexual orientation (1989) andgender identity (2016).Michigan State agency policy prohibits discrimination against all individuals based on sexual orientation,gender identity, and gender expression. See MDHHS Nondiscrimination Statement (2019, and asearly as July 2009). See also Dumont settlement (March 2019).o However, in Sept 2019, a federal judge issued a preliminary injunction of the Dumontsettlement, meaning that a trial will need to be held to determine the status of religiousexemptions and nondiscrimination in child welfare services. State permits state-licensed child welfare agencies to refuse to place and provide services tochildren and families, including LGBTQ people and same-sex couples, if doing so conflicts withtheir religious beliefs. See HB 4188 (2015), HB 4189 (2015), and HB 4190 (2015).